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Contact Order help needed asap
#21
Yeah, but don't call it varying the order when you write to her. Stick to the point, make your suggestions and go from there. If she says no, you can ask her for any suggestions but best not to let the C100 hang around forever, but having a bit of communication looks as if you've tried.

One thing at a time let's not worry about the solicitor at the moment.
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#22
Hi all,

quick update is well not really an update! Still no response to my last email. Had said please respond within 7 days, email was sent on Thursday so am I right in thinking I can instruct solicitor to send letter out on Thursday ie within a week would be end of day Wednesday (tomorrow)?

And, failing an agreement from the solicitor letter .... is it the form c100 I need as I will download now so I am ready!!
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#23
Hi,

You might as well save the additional letter from the lawyer and instruct them to go straight to court.

For a variation of an existing court order it's the C100 application.

F.
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#24
Sorry, yet another Q ... form suggests mediation is needed first?! Or is there a box to tick to say we are exempt? (already baffled)
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#25
(07-19-2017, 09:04 AM)Mikeymike Wrote: Sorry, yet another Q ... form suggests mediation is needed first?!  Or is there a box to tick to say we are exempt?   (already baffled)

If an Order Exists, and your making an application to vary your ok.

If not, read all the exemption boxes, to see if you fit into any. The normal onces are

Child Welfare/Protection Issues
If the Child is known to the Local Authroity
Whereabouts not known
Is there a valid reason why it needs to be heared faster than normal process
Any reasons why you can not be it the same room as your ex?
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#26
Hi, it's Mike's wife typing .....

Thanks for the quick response Mark, yes there is an existing order.

Do we have a valid reason for a faster than normal hearing? Changes need to be made as we can't collect kids from 3 different locations at the same time from when they go back in Sept so to me it needs to be quickly, but not sure that would be seen as an emergency to what others have to deal with?

If a date is allocated later than back to school what would happen come September? Not helped that we are away with the kids from 29 - 14 August for our summer hols either
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#27
(07-19-2017, 09:32 AM)Mikeymike Wrote: Hi, it's Mike's wife typing .....

Thanks for the quick response Mark, yes there is an existing order.  

Do we have a valid reason for a faster than normal hearing?  Changes need to be made as we can't collect kids from 3 different locations at the same time from when they go back in Sept so to me it needs to be quickly, but not sure that would be seen as an emergency to what others have to deal with?  

If a date is allocated later than back to school what would happen come September?  Not helped that we are away with the kids from 29 - 14 August for our summer hols either

No Mediation is needed in your case, unless you are directed to by a Court.

Once a Court Order is made, only a Court can change or revoke it.

What you are doing is on a C100, applying to vary an existing order.

You need to show reason to change, what you now have due to the choice of schools by the Resident Parent or their Local Authority.

State your holiday dates and the fact that this needs to be hearded before the school term starts.


The law requires the Resident Parent to either look after the child, or for them to make arrangements for childcare except in Contact Time.
The Non Resident Parent decides what contact they want, to suit the avaliablity. The prefered times of the Resident Parent does not come into it, except with regard to times if they have valid reason for it not to work, for example to late at night. Them not having childcare provision is not a valid reason, either they provide it, or the Non Resident Parent can ask for the situation to be reversed.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#28
Mikes Wife:

Thanks again MarkR.

I'm appalled at some of the stories on here (I have 2 children from a previous marriage too) and feel very strongly that everything seems so unfair to Dads and biased towards Mum although it seems to be changing very slowly and fully back my husband so his children can get access to him fairly and he can be a hands on parent even though we live in a different house.

Glad of the help and support, just hope enough changes to the system are made in time for our children to see it to full fruition
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#29
I was shocked when I first came to this forum too. I never even thought of not allowing my ex to be in contact with his kids as I never felt it was right that it should be controlled by me.

You are right in that slowly non resident parents are starting to be heard more and about time too. The powers that be as out of touch as always and because groups like Gingerbread have the Governments ear change will not come fast enough. Sadly.
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#30
An email was delivered during the night to Mikeymike from EW saying she has not yet been in contact as she is waiting a response from her solicitor and a suitable response will be sent in due course.

Mikeymike due home from business trip from Europe tonight so we can complete, sign and print off Form C100 and take into court Monday morning for Application to Vary, just hope we have done it correctly!!
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